DETAILED ACTION
Summary
This office action for US Patent application 19/021289 is responsive to communications filed on January 15th, 2025. Currently, claims 1-10 are pending are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-4, 6-9 inprovisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-4 of copending Application 17/330,418, now US Patent 11,695,941 and claims 1,4-6 of copending Application No 16/644503, now US Patent 11,070824. Although the conflicting claims are not identical, they are not patentably distinct from each other because it is merely in the terminology used in both sets of claims.
This is an inprovisional obviousness-type double patenting rejection because the conflicting claims have in fact been patented. Below is a list of limitations that perform the same function. However different terminology is used in both sets to describe the limitations.
Conflicting Co-pending Application 17/330418
Instant Application-19/021289-
1.(Currently Amended) An image processing device comprising: circuitry configured to:
predict a pixel value of a chroma component by linear prediction from a pixel value of a reference image of a luma component whose pixel location is changed by using a filter selected on a basis of information regarding a pixel location of the chroma component, relative to a pixel location of the reference image of the luma component, and information regarding a color format, the filter changing the pixel location of the reference image of the luma component;
generate a prediction image of the chroma component based on the predicted pixel value of the chroma component; and
decode, by using the prediction image, a chroma component of encoded data in which an image is encoded.
Claims 2-4
Claims 1-4
1. An image processing device comprising: circuitry configured to:
predict a pixel value of a chroma component by linear prediction from a pixel value of a reference image of a luna component whose pixel location is changed by using a filter selected on a basis of a pixel location of the chroma component, relative to a pixel location of the reference image of the luma component, and a color format, the filter changing the pixel location of the reference image of the luma component; and
generate a prediction image of the chroma component based on the predicted pixel value of the chroma component.
Claims 2-4
Claims 6-9
Conflicting Co-pending Application 16/644503
Instant Application-19/021289-
1.(Currently Amended) An image processing device comprising: circuitry configured to
predict a pixel value of a chroma component of encoded data by linear prediction from a pixel value of a luma component of the encoded data at a pixel location that is determined using a filter selected on a basis of information regarding a pixel location of the chroma component and information regarding a color format of the encoded data;
generate a prediction image of the chroma component; and
decode a chroma component of the encoded, using the prediction image.
Claims 4-6
Claims 1, 4-6
1. An image processing device comprising: circuitry configured to:
predict a pixel value of a chroma component by linear prediction from a pixel value of a reference image of a luna component whose pixel location is changed by using a filter selected on a basis of a pixel location of the chroma component, relative to a pixel location of the reference image of the luma component, and a color format, the filter changing the pixel location of the reference image of the luma component; and
generate a prediction image of the chroma component based on the predicted pixel value of the chroma component.
Claims 2-4
Claims 6-9
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-4, 6-9 are generic to all that is recited in claims of co-pending applications. That is, claims 1-4, 6-9 is anticipated by claims of co-pending applications.
Allowable Subject Matter
Claims 5, 10 are allowable
Claims 1-4, 6-9 is/are rejected on the ground of nonstatutory obviousness-type double patenting. However, these claims would be allowable if the obvious-type double patenting is overcome.
Conclusion
Any inquiry concerning this communication or earlier communications form the examiner should be directed to Nam Pham, whose can be contacted by phone at (571)270-7352. The examiner can normally be reached on Mon—Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, CZEKAJ DAVID, can be reached on (571)272-7327.
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/NAM D PHAM/ Primary Examiner, Art Unit 2487